There were 26 first term freshmen representative sworn into the Texas House of Representatives 150-member body last month. Having a freshman class of approximately 17 percent is typical. However, what is not typical is to have the 44 percent freshman membership on the Pensions, Investments and Financial Services Committee (PIFS) where most bills relating to the mortgage industry are assigned. In announcing the committee assignments, Speaker Phelan also named first time leaders to the PIFS committee in Chairman Rep. Giovanni Capriglione; and Vice Chair Rep. Stan Lambert. Both the chair and vice chair have previously served on PIFS, but only one other Rep. Hubert Vo has previous experience on PIFS. Other non-freshmen members named are Rep. John Bryant, and Rep. Gary VanDeaver,
Four remaining committee members are all first term freshman legislators: Rep. Salman Bhojani, Rep. Terri Leo-Wilson, Rep. Mihaela Plesa, and Rep. Frederick Frazier. Rep. Bhojani is a business owner and attorney. Rep. Leo-Wilson is a retired educator who served three terms on the State Board of Education. After working in the business world Rep. Plesa came to Austin in 2017 working the last three sessions as a legislative director. Rep. Frazier a police officer by trade was indicted by a Collin County grand jury last June on two charges of impersonating a public servant. Apparently, related to seeking the removal of a primary opponent’s campaign signs from the store’s property.
We can only hope with two thirds of PIFS members being new to the committee and nearly half of the members being completely new to the entire legislature, that senior leadership envisions a quiet session in the world of financial services.
• HB 207 Murr, Andrew – Creates a “safe harbor” for a non-home equity loan being voided as a sham sale of a homestead for a rural homestead conveyed in part to an entity in which the individual or spouse has an ownership interest. To not be considered a sham conveyance: 1) the conveyance must be made and recorded at least thirty days before the granting of a mortgage or deed of trust; 2) the individual must not reside on or contiguous to the property; 3) individual files an affidavit affirming the above items and acknowledging they are estopped from contending the conveyance is not valid or that they have not abandoned the person’s claim to homestead rights in the property conveyed.
To read the full text of any of these bills you can go to Texas Legislature Online.
• HB 1823 Sherman, Carl – Relating to certain documents or instruments purporting to convey real or personal property.
Previously Reported Bills
• HB 92 Landgraf, Brooks – Relating to the authority of a municipality, county, or property owners’ association to prohibit or regulate certain activities on residence homestead property.
• HB 207 Murr, Andrew – Relating to the exclusion of certain conveyances from classification as sham or pretended sales.
• HB 217 Murr, Andrew – (HB 217 was previously filed in 87th Session as HB 2621 but left pending in Committee without a vote.) Relating to the limitation on the amount of a subcontractor’s lien for labor or materials.
• HB 219 Noble, Candy – (HB 219 was previously filed in 87th Session as HB 3278 but left pending in Committee without a vote.) Relating to the release of a deed of trust or other contract lien securing a home loan after payoff by mortgagor.
• HB 264 Toth, Steve – (HB 264 was previously filed in 87th Session as HB 2284 it was approved in Committee and sent to Calendars.) Relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.
• HB 287 Johnson, Julie – Relating to payment of the replacement cost of damaged property under a homeowner’s, renter’s, or condominium owner’s insurance policy.
• HB 523 Vasut, Cody – Relating to the authority of an appraisal review board to direct changes in the appraisal roll and related appraisal records if a residence homestead is sold for less than the appraised value.
• HB 645 Toth, Steve – Relating to prohibiting financial institutions and other businesses from using value-based criteria.
• HB 697 Holland, Justin – Relating to seller’s disclosures regarding fuel gas piping in residential real property.
• HB 709 Harris, Cody – Relating to prohibiting the use of certain credit scores, including environmental, social, or governance scores and social credit scores, by certain financial institutions and other lenders in this state.
• HB 738 Gonzalez, Jessica – Relating to a right of first refusal applicable to the sale of housing developments that have received certain financial assistance administered by the Texas Department of Housing and Community Affairs.
• HB 886 Shaheen, Matt – (HB 886 was previously filed in 87th Session as HB 3857 but left pending in Committee without a vote.) Relating to requirements to file a property owners’ association assessment lien.
• HB 1012 González, Jessica – Relating to the prohibition of certain discrimination; authorizing civil penalties.
• HB 1056 Hinojosa, Gina – Relating to the registration of financial institutions and investment firms that lease residential real property.
• HB 1057 Hinojosa, Gina – Relating to restrictions on the purchase of a single-family home by an investment firm.
• HB 1075 Harris | Button | Jetton – Relating to certain property interests of a foreign government in agricultural land.
• HB 1195 Holland, Justin – Relating to the authority of a county to require photo Identification to file certain documents with the county clerk. This bill strikes the existing population threshold of 800,000 citizens and extends the existing authority to all Texas counties. (Companion to SB 319)
• HB 1244 Shine, Hugh – (HB 1244 was previously filed in 87th Session as HB 991 but never received a committee hearing.) Relating to the authority of the owner of a residence homestead to receive a discount for making an early payment of the ad valorem taxes on the homestead.
• HB 1256 Holland, Justin – Relating to seller’s disclosure notice concerning special districts in which residential real property is located.
• HB 1319 Shine, Hugh – Relating to the electronic payments required or permitted under the Property Tax Code; authorizing a fee.
• HB 1660 Capriglione, Giovanni – Relating to the process for notifying the attorney general of a breach of security of computerized data by persons doing business in this state.
• HB 1674 Holland, Justin – Relating to certain sales or purported sales of homestead property that are classified as loans. (Companion to SB 613)
• HB 1704 Walle, Armando – Relating to the establishment of the workforce housing capital investment fund program to fund the development of workforce housing in this state; authorizing a fee.
• HJR 20 Toth, Steve – (HJR 20 was previously filed in 87th Session as HJR 104 it was approved in Committee and sent to Calendars.) Proposing a constitutional amendment authorizing the legislature to provide for exceptions to the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.
• HJR 29 Schofield, Mike – (HJR 29 was previously filed in 87th Session as HJR 43 but left pending in Committee without a vote.) Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.
• SB 62 Zaffirini, Judith – Relating to posting certain documents and information related to certain real property sales on a county’s Internet website.
• SB 147 Kolkhorst, Lois – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.
• SB 319 Hall, Bob – Relating to the authority of a county to require photo Identification to file certain documents with the county clerk. This bill strikes the existing population threshold of 800,000 citizens and extends the existing authority to all Texas counties. (Companion to HB 1195)
• SB 552 Campbell, Donna – Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with agricultural land.
• SB 570 West, Royce – (SB 570 was previously filed in 87th Session as SB 265 and its companion HB 1470 Rodriguez, Eddie, but neither received committee hearings.) Relating to the prohibition of housing discrimination on the basis of a person’s source of income and to the enforcement of that prohibition.
• SB 613 Springer, Drew – Relating to certain sales or purported sales of homestead property that are classified as loans. (Companion to HB 1674)
If you have questions about these specific bills or the Texas legislative process in general, please reach out to Doug Foster or one of our our firm’s attorneys or representatives at: https://www.mortgagelaw.com/our-team/